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HomeMy WebLinkAboutDeed APPLICANT 10/17/2008 , . i:Y:'~lflfSl>.3 EWllrClS3~ c.!. . 0:- " KtTUKNI U LA~LIillE TIT(.E CO. I ?'03.Q3 fl4t,MO :},100 (' . [f 0';-03-1"+, ~ Ijco,4=ZO, . AFTER RECORDING. RETIJRN TO: UNTIL A CHANGE IS REQUESTED, SEND ALL TAX STATEMENTS TO: Jeffrey H. Keeney, Esq. Tonkon Torp LLP 1600 Pioneer Tower 888 SW Fifth Avenue Portland, OR 97204-2099 United States Bakery PO Box 14769 Portland, OR 97293-0769 WARRANTY DEED WILDISH INDUSTRIAL DEVELOPMENT CORPORATION, an Oregon corporation, Grantor, conveys and warrants to UNITED STATES BAKERY, an Oregon CV'l'v,~"ion, Grantee, that certain real property located in Lane County, Oregon, and more , particularly described on Exhibit A attached'hereto, free ofallliell!' and:encumbrances except those setfortb on Exhibit B attached hereto. , The true consideration for this conveyance is $629,880, (i) paid from proceeds of a tax-deferred exchange under Section 1 033'ofthe Internal Revenue Code, and (ii) paid to a qualified accommodator as part of a tax-deferred exchange under Section 1031 oftjle Internal Revenue Code. BEFORE SIGNING OR ACCEPTING TIllS INSTRUMENT, TIlE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, TIlE PERSON ACQUIRING FEE TITLE TO TIlE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.351'. DATED this 1 st day, of Jl!fie, 2006. GRANTOR: WILDISH INDUSTRIAL DEVELOPMENT CORPORATION, an Oregon CV'I'V",,;on ( Division of Chief Deputy Cle~k Lane Counly Deeds and Records 2~~D.~J~~1~ '\BL1kz,U;:; JJlill (7'es A. Wildish, President Date Received: 111111111111111111111111111111111111111111111 $41.00 1081189920..6003851 :e,..40046 06/02/2006 03:51 :41 PM RPR-DEED Cnt=l Stn=9 CRSHIER D4 $20.00,$11.00 $10.00 OCT 1 7 2008 "'--- - --- . . n_ _ .__--' Original Submittal . . .. STATE OF OREGON ) ) ss. County of Lane, ) The foregoing instrument was acknowledged before me on the 1 st day of June, 2006, by James A, Wildish as President of Wild ish Industrial Development Corporation, an Oregon corporation. " . llFRClAl SEAl. UNDA L IIBISE , NOTARY PIIIUC . 0IlE6lIl ",.' COMMISSION NO. 391459 ' , MY ""'W"SIlJ!i ElIi>IREs 0ClDBSI29.2009 ~~do,_o, Notliiy Public for Oregon My colll1l1ission expires: I 01 ~q / b t , I 000632\00194\689854 Vool Date ReCeived: OCT 1 7 2008 Original Submittpl .' Ii '\' '. EAnU>IT A , Legal Description Beginning at the southeast corner Of Lot 5, Block 2 ofWildish Industrial Tracts as platted and recorded in Book 56, Page, 11 of the Lane County Oregon Plat Records; thence along the south line of said Lot 5, Block 2 South 61006'00" tv est 152.59 feet to the southwest corner of said Lot 5, Block 2; thence leaving said south line and running South 36006'25" West 273,98 feet to a point on the northerly boundary of the Ashland Line of the Southern Pacific Railroad right of way, said point being 30.0 feet northerly of, when measured at right angles to the centerline of the Ashland Line of the Southern Pacific Railroad right of way; thence along said northerly boundary of the Ashland Line of the Southern Pacific Railroad right of way South 53054'33" East 506.26 feet to a point marking the intersection of the northerly boundary of the Ashland Line of the Southern Pacific Railroad right of way and the southwesterly projection of the northerly , boundary of Lot 11, Block 2 of said Wildish Industrial Tracts; thence leaving the northerly boundary of said railroad right of way and running along the northerly boundary of said Lot 11, Block 2 North 36006'25" East 284.96,feet to.the corner common to Lot 7, Lot 8 and Lot 11 in Block 2 of said Wildish InduStrial Tracts; thence along the common boundary between Lot 7 and Lot 8 in Block 2 of said Wildish Industrial Tracts North 2,9007'10" East 169.35 feet to a point on the southerly margin ofNuggei Way, said point being 25.00 feet from, when measured at right angl~s to, the centerline of Nugget Way; thence along the southerly margin of Nugget Way North 60052'50" West 385.97 feet and along the arc ofa 70.00 foot radius curve right (the chord . of which bears North 44053'25" West 38.57 feet) a distance of39.07 feet to the point of beginning, all in Lane County, Oregon. " , Date Received: OCT 1 7 2008 Original Submittal . , '\ EXlDBIT B Permitted Exceptions 1. Easement, including the terms and provisions thereof, 'granted the City of Eugene, recorded August 6, 1969, Reception No. 76323, Lane, County Oregon Deed Records. 2. Easement, including the terms and provisions' thereof, granted the City of Eugene, recorded December 15, 1967, Reception No. 8194, Lane County Official Records. 3. Easements as shown on the recorded plat of Wild ish Industrial Tracts, except that portion of the railroad easement along the Westerly boundary of Block 2, vacated by City of Springfield Ordinance No. 6139, recorded April 5, 2006, Reception No, 2006-023042, Lane County Official Records. 4. Easements for utilities over and across the premises formerly included within the boUndaries of the vacated railrOad easement vacation by City of Springfield Ordinance , No. 6139, recorded April 5, 2006, Reception No. 2006-023402, Lane County Official Records, if any such exist, as reserved therein. 5. Wildish Industrial Park Covenants, Conditions and Restrictions, mcluding the terms and provisions thereof (but omitting cove pants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law) recorded February 29,1996, Reception No. 9613731, Lane County Deeds and Records. 6. . GlenwoodUrban Renewal Plan, including the terms and provisions thereof, recorded December 14, 2004, Reception No, 2004-095229, Lane County Deeds and Records. 7. Public utility easement, including the terms and provisions thereof, granted to the City of Springfield, recorded October'04, 2005, Reception No. 2005-078937, Lane County , Official Records. > 8. Declaration of Easement for Access, Utilities and Provisions for Maintenance, including the terms and provisions thereof, recorded October 4, 2005, Reception No. 2005-078938, Lane County Official Records. 9. , Public utility easement, including the terms and provisions thereof, granted the Cityof Springfield, recorded May 05, 2006, Reception No. 2006-031288, Lane County Official Records. ' ' Date Received: OCT 1 7 2008 Origil"<.l1 Submittal (V .'" ,R~RN TO CASCADE TITLE CO. .' . Cf).'4'f;l1S e....O~. OS3'f l.l) I~"o;r 03-.11 J"*' JlOO,.jt/2!1\l ,~..3r.,a, ::# 3f1JJ,..f 3tIOo, 'ff'VUI1O 1'f'O~'03'1t."'?~O . AFTER RECORDING. RETIJRN TO: UNTIL A CHANGE IS REQUESTED, SEND ALL TAX STATEMENTS TO: ,J Jeffrey H. Keeney, Esq. Tonkon Torp LLP 1600 Pioneer Tower 888 SW Fifth A venue Portland, OR 97204-2099 United States Bakery PO Box 14769 Portland, OR 97293-0769 WARRANTY DEED WILDISH INDUSTRIAL DEVELOPMENT CORPORATlON, an Oregon CU'I'Vu.jon, Grantor, conveys and warrants to UNITED STATES BAKERY, an Oregon corporation, Grantee, an undivided 48.39 percent interest in that certain rea11',v>,,,,;j located in Lane County, Oregon, and more particularly described on Exhibit A attached hereto, free of all liens and encumbrances except those set forth on Exhibit B attached hereto. The true consideration for this conveyance is $1,019,816, (i) paid from proceeds of a tax-deferred exchange under Section 1033 of the Internal Revenue Code, and (ii) paid to a qualified accommodator as part oh tax-deferred exchange under Section 1031 of the Internal Revenue Code. r' BEFORE SIGNfNG OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF TIlE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULA TlONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, TIlE PERSON ACQUIRING FEE TITLE TO TIlE PROPERTY SHOULD CHECK WITH TIlE APPROPRIATE CITY'OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT TIlE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. DATED this 1 st day of June, 2006. GRANTOR: WlLDISH INDUSTRIAL DEVELOPMENT CORPORATION"an Oregon corporation ( Division of Chief Deputy Cle~k lane County Deeds and R~cords ---->>! 2~~D.~J~~ 19 J Date Received: 1111111111111111111111'111111 "11111l1li11 $51.00 008 19~0200~0J385190J6'0g4 06/02/200603:51:41 PM RPR-DEED Cnt=l Stn=9 CRSHIER 04 $30.00 $11.00 $10.0D "'------ --... OCT 1 7 2008 Original Submittal -' . STATE OF OREGON ) ) ss. County of Lane ) The foregoing instrument was acknowledged before me on the 1 st day of June, 2006, by James A. Wildish as President of Wild ish Industrial Development Corporation, an Oregon corporation. . lfRCIAl. SfAI. ' UNDA L HEISE " NOTARY PUBuc. 0REIllIl COMMISSION NO. 391459 MY 00MMISSIllN ElIPIREB llClllIIER 29. 2009 000632\001941681021 VooI ;;4~vf-.J;;{h.o " ' ;;J;;ublic for Oregon My commission expires: /d / zr tJ q I ' . Date Received: OCT 1 7 2008 Original Submittal .' EXIllBIT A Legal Description of Parcel A . . Beginning at the northwest corner of Lot 1, Block 2 of Wildish liIdustrial Tracts as platted and recorded in Book 56, Page 11 of the Lane County Oregon Plat Records; thence along the west line of said Block 2 South 00002'25" West 723.16 feet to the southwest corner of Lot 4, Block 2 of said Wildish Industrial Tracts; thence leaving said west line and running along the south line of said Lot 4, Block 2 South 89057'35" East 183.25 feet to the southeast corner of said Lot 4, Block 2, said point being in the' westerly margin of Nugget Way, 25.0 feet from, when measured at right angles to, the centerline of Nugget Way; thence leaving the south line'ofsaid Lot 4, Block 2 and running along the westerly margin of Nugget Way South 00002'25" West 166.26 feet and along the arc ofa 70,00 foot radius curve left (the chord of which bears South 14"25'45" East 34.98 feet) a distance of 35.36 feet to the southeast corner of Lot 5, Block 2 of said Wildish Industrial Tracts; thence leaving the westerly margin of Nugget Way and running along the south line of said Lot 5, Block 2 South 61006'00" West 152.59 feet to the southwest comer of said Lot 5, Block 2; thence'leaving said south line and running South 36006'25" West 273.98 feet to a point on the northerly' boundary of the Ashland Line of the Southern Pacific Railroad right of way, said point beiilg 30.0 feet northerly of, when measured at right angles to the centerline of the Ashland Line of !he Southern Pacific Railroad right of way; thence along said northerly boundary the Ashland Line of the .Southern Pacific Railroad right of way North 53054'33" West 148.48 feet to a point marking theintersectionof the northerly boundary of Ashland Line of the Southern Pacific Railroad right of way and the east line of the e.B. Sweet D.L.C. No, 38 in Township 18 South, Range 3 West of the Willamette Meridian; thence along the east line of the C.B. Sweet D.L-C. No. 38 North 00010'26" East 71.66 feet to a pointffiarking the intersection of the east line of the e.B. Sweet D.L.e. No. 38,and a line parallel to and 88,0 feet northerly of the centerline of the Ashland Line of the Southern Pacific Railroad right of way thence leaving the ' east line of said C.B. Sweet D.L.C. No. 38 and running along the northerly line of said Ashland Line of the Southern Pacific Railroad right of way North 53054'33" West 291.40 feet to a point which is 75.0 feet eaSterly of when measured at right angles to,the "Y Line" of the South Pacific Railroad; t:hence along a line parallel to and 75.0 feet easterly of the centerline of the "Y Line" of the Southern Pacific Railroad along the arc of a 500,00 foot radius curve right (the chord of which bears North 2052'21" West 777.55 feet) a distance of 890.76 feet to a point marking the , intersection of the easterly margin of the "Y Line" of the Southern Pacific Railroad and the south margin of County Road No. 443, said point being 30.0 feet southerly of, when measured at right angles to, the centeriine of County Road No. 443 as said centerline is established in C.S.F. No. 27798; thence leaving the easterly margin of the "Y Line" of the Southern Pacific Railroad and running along the southerly margin of County Road No. 443 North 89059'02" East 277.32 feet to a point marking the intersection of said. southerly margin and the east line of the C.B. Sweet D.L.C. No. 38 in Township 18 South, Range 3 West of the Willamette Meridian; thence along the east line of said C.B. Sweet D.L.e. No. 38 North 00010'26" East 6.77 feet to a point marking the intersection of the east line of the e.B. Sweet D,L.C. No: 38 and the south margin of County Road No'.,443, said point being 30.0 feet southerly of when measured at right angles to the centerline of County Road No. 443 as said centerline is established in the plat of Wild ish Industrial Tracts as platted and recordt:d in Book 56, Page 11 of the Lane CountyBrego~lat . , . ' ate t<ecelved: - ,~ ;. OCT 1 7 2008 Original Submittal '.' ... Records; thence leaving the east line of the CB. Sweet D.L.C, No. 38 and,mnning along the south margin of County Road No. 443 North 64041'10" East 243,99 feet to the point of beginning all in Lane County Oregon. Legal Description of Parcei B Beginning at the northwest corner of Lot 1, Block 2 of Wildish Industrial Tracts as platted and recorded in Book 56, Page 11 of the Lane County Oregon Plat Records; thence along the west line of said Block 2 South 00002'25" West 426.66 feet to the True Point of Beginning; thence North 89"20'24" East 183.26 feet to a point on the west margin of Nugget Way, said point being 25,00 feet from when measured at right angles to the centerline of Nugget Way; thence along the west margin of Nugget Way South 00002'25" West 298.74 feet to the southeast corner of Lot 4, Block 2 of said Wildish Industrial Tracts; thence leaving the west margin of Nugget Way and mnning along the south boundary of said Lot 4,. Block 2 North 89057'35" West 183.25 feet to the southwest corner of said Lot 4, Block 2; thence North 00"02'25" East 296.50 feet to the True Point of Beginning, all in Lane County, Oregon. 'r Date Received: OCT 1 7 2008 Original Submittal . EXHIBIT B Permitted Exceptions 1. Easement, including the terms and provisions thereof, granted the City of Eugene, recorded December 15, 1967, Reception No. 8194, Lane County Official Records. 2. Easements as shown on the recorded plat of Wildish Industrial Tracts, except that portion of the railroad easement along the Westerly boundary of Block 2, vacated by City of Springfield Ordinance No. 6139, recorded April 5,2006, Reception No. 2006-023042, Lane County Official Records. 3. Easements for utilities over and across the premises formerly included within the boundaries of the vacated railroad easement vacated by City of Springfield Ordinance No. 6139, recorded April 5, 2006, Reception No. 2006-023042 Lane County Official Records, if any such exist, as reserved therein. -, 4. Wildish Industriiu Park Covenants, Conditions and Restrictions, including the terms and provisions thereof (but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law) recorded February 29,1996, Reception No. 9613731, Lane County Deeds and Records, 5. Declaration of Easement for Access, Utilities and Provisions for Maintenance, including the terms and provisions thereof, recorded October 4,2005, Reception No. 2005-078938, Lane County Official Records. . , 6. Glenwood Urban Renewal Plan, including the terms and provisions thereof, recorded December 14, 2004, Reception No. 2004-095229, Lane County Deeds and Records. 7. Modified Improvement Agreement Including Notice of Potential Assessment Lien, including the terms and provisions thereof, between the City of Springfield and Wildish Industrial Development CV'I'V,,,;;on, recorded June 6, 2005, Reception No. 2005-040666, Lane County Official Records. 8, Public'utility easement, including the terms and provisions thereof, granted the City of Spnngfield, recorded June 6, 2005, Reception No. 2005-040668, Lane County Official Records. ' ' 9. Public utility easement, including the terms and provisions thereof, granted the City of Springfield, recorded June 6, 2005, Reception No. 2005-040669, Lane County Official Records. 10. 'Public utility easement, including the terms and provisions thereof, granted the City of Springfield, recorded June 6, 2005, Reception No. 2005-040670, Lane County Official Records. Date Received: OCT 1 7 2008 Orioinal Submittal. ,e. .."...... .,,,. I.". 11. Public utility easement, ,including the terms and provisions thereof,: granted the City of ' Springfield, recorded June 6,2005, Reception No. 2005-040671, Lane County Official Records. 12. Public utility easement, including the terms and provisions thereof, granted the City of Springfield, record~d May 5, 2006, Reception No. 2006-031288, Lane County Official Records. - Date Received: OCT 1 7 2008 Original Submittai